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1. The Plaintiff, Defendant A, and Defendant B, up to KRW 49,120,858, and KRW 195,000,000,000 with Defendant A, jointly and severally with Defendant A.
Reasons
1. Facts of recognition;
A. On November 24, 2009, the Plaintiff entered into a credit transaction agreement with Defendant A on November 24, 2010, the credit limit of KRW 150 million, the credit period expiration date, the agreement rate of KRW 11.5% per annum, and the damages rate of KRW 24.5% per annum, and lent KRW 150 million per day.
(hereinafter “instant credit transaction agreement”). B.
According to the additional agreements entered into between Defendant A and the Plaintiff along with the instant credit transaction agreement, the overdue interest rate shall be 9% for less than two months in arrears, 11% for more than two months and less than three months, and 13% for more than three months.
C. On November 24, 2009, Defendant B entered into a contract of collateral guarantee that guarantees obligations under the instant credit transaction agreement between Defendant A within the limit of KRW 195 million with the Plaintiff on November 24, 2009.
(hereinafter “instant neighborhood guarantee contract”). D.
Upon the request of the Defendants, the Plaintiff extended the credit period on November 24, 2010 and November 28, 201, respectively, by one year, respectively. On February 7, 2013, the extension period was extended by July 1, 2013.
Defendant B signed and sealed each application for extension of the above credit extension period in the column of joint and several sureties.
E. Under the instant credit transaction agreement, the principal and interest obligation amounting to KRW 134.7 million as of October 26, 2014, the principal amounting to KRW 49,078,059 as of October 26, 2014, plus KRW 183,78,059 (= KRW 49,078,059).
F. On November 27, 2014, the Plaintiff received independently dividends of KRW 137,460,068 (the total amount to be distributed after deducting the execution cost 2,876,810 won from the amount to be distributed to KRW 140,36,878,878) based on the principal and interest claim of KRW 137,460,068 (the total amount to be distributed after deducting the execution cost of KRW 2,876,810 from the amount to be distributed to KRW 140,36,878).
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 7, Eul evidence No. 1, and the purport of the whole pleadings.